ANDREW EASTGATE 2017 Mediation CV Andrew is an experienced mediator having been accredited by CEDR in 2004. He has been a member of the CEDR Solve panel since 2007. Andrew has been ranked by Chambers Guide since 2013 which has described him as highly recommended by interviewees, popular with clients for commercial disputes and very good and very constructive. The 2016 Guide says he is predominantly recognised for undertaking mediations relating to commercial claims, with noteworthy expertise in shareholder disputes and the 2017 Guide refers to his engaging and energetic style and suggests that his creativity is a highlight. Background Andrew qualified as a solicitor in 1980 and spent the majority of his career in the law as a corporate finance partner at Pinsents in Birmingham. His clients included public and private UK companies, multinationals and public sector bodies across a broad range of industries including IT, food, manufacturing and support services. He advised companies and their owners on all aspects of their businesses including mergers and acquisitions, joint ventures and commercial contracts. Andrew is appointed to mediate a broad range of commercial disputes, from commercial contracts and agency to disputes arising on the sale of businesses, financing and shareholder and partnership disputes. Andrew combines his mediation practice with his position as a non-executive director of two substantial businesses. He is chairman of Epwin Group plc, a manufacturer of low maintenance building products employing over 2000 people in the UK which floated on AIM in 2014. Andrew is also senior independent director of Headlam Group plc. Headlam, which is listed on the London Stock Exchange, is Europe s leading distributor of floorcoverings. Mediation Experience Andrew conducts around 20 mediations a year throughout England and Wales. Most of Andrew s mediations are referred to him direct by law firms and he also mediates regularly through CEDR. Details of some of Andrew s mediations are set out below. 1
Banking, finance and insolvency Claims for mis-selling of interest rate swaps. Litigation run in parallel to redress procedure, which had awarded sums to claimant. Issues around consequential loss and costs, with Claimant s lawyers being on CFAs Claim against two clearing banks for recovery of monies stolen by fraudsters Claim by bank under guarantee. Defence included variation of lending without consent and undue influence Claim by customer that bank had moved funds from his account without authorisation, leading to financial ruin and significant consequential losses. Claim had been struck out but leave to appeal to the Court of Appeal had been granted Action by liquidator (funded by HMRC) for wrongful trading against director and alleged shadow director Claim by leasing company under repudiated leases for mailing equipment. Probable fraud by middle man for whom lessors denied liability. Part 20 claim against equipment supplier Claim by liquidator for recovery of director s loan and dividends unlawfully paid Claim by bank on landlord s reference for borrower Recovery claim by bank, including enforcement of mortgage over property, with counterclaim for negligence against the bank Claim by trustee in bankruptcy on grounds of preference and transfer at an undervalue in relation to sale/transfer of property Claim by liquidator alleging a sale at an undervalue in respect of the sale of the insolvent company s business and assets prior to insolvent liquidation, as well as wrongful trading Shareholder and Joint Ventures Claim for unfair prejudice and for wrongful and unfair dismissal. Agreement reached to buy out minority shareholding, issue on price and damages claim in relation to employment Dispute between shareholders following new investor taking 75% stake. Unfair prejudice action based on exclusion from management following termination of consultancy agreements and removal as directors by the majority shareholder Action for wrongful dismissal and unfair prejudice by one of four founder shareholders. Main argument relating to valuation of shareholding and level of damages for wrongful dismissal as well as structure of purchase of the minority holding Litigation between sibling shareholders in a family company, with allegations of overpayment of salary/underpayment of dividends as well as breach of trust in relation to deceased father s will trust Dispute arising from agreement for the repurchase of the shareholding of a 50% shareholder. Issues of payment of deferred consideration and potential claim under a tax indemnity Dissolution of joint venture manufacturing company, with issues surrounding termination of employment contracts and release of personal guarantees 2
Company Sales and Warranty Claims Claims under accounts warranties and tax indemnity following management buyout of professional services business. Issues of disclosure and limitation as well as on the operation of an escrow account Action for payment of deferred consideration following sale of manufacturing company as well as sums due under a transitional services agreement. Counterclaim for breach of accounts and equipment warranties Claim for fraudulent misrepresentation following sale of installation business. Counterclaim for payment of deferred consideration Mediation on level of damages for breach of restrictive covenant by the seller of a distribution business, an injunction already having been obtained Claim for deferred consideration arising from sale of care home business and monies due under a consultancy agreement Warranty claim following sale of building company to management backed by private equity investor Litigation for breach of management accounts warranties, with counterclaim for payment of deferred consideration. Issues relating to treatment of monies held in escrow following expert determination Supply of Goods and Services A wide range of contractual disputes arising out of the supply of goods and services, including the supply of solar panels to Italy hospitality packages sold through charity auctions outsourcing contracts import of Turkish foodstuffs long term exclusive supply agreement for the sale of specialist coatings termination of franchise agreement (transport sector) provision of heat treatment for safety critical components sub-contract manufacture of components for motor manufacturer supply of labels for food industry installation of material handling equipment provision of payroll services supply of copying equipment under finance lease installation of factory cooling equipment printing of prospectus for abortive IPO failure by sub-contractor of courier to deliver valuable goods Agency and Distribution Numerous mediations of disputes under the Commercial Agents Regulations in the following industries branded foodstuffs 3
engineering parts sports equipment electronic equipment garden machinery Mediations concerning various aspects of distribution agreements including consignment stock arrangements exclusivity termination for failure to meet minimum annual targets construction of termination clauses IT and IP Action arising out of failed telecoms joint venture Claim against former directors of software company for damages for breach of directors duties and restrictive covenants Termination of software distribution agreement Claim for damages against provider of IT services Litigation over the contract for supply and implementation of a new computer system. Issues relating to repudiation, breach of warranty and recovery of unpaid fees Claim by engineering business against supplier of software for manufacturing control software Trademark infringement following discovery of counterfeit drugs Partnership and Costs Action against retiring partner in accounting practice for breach of restrictive covenant following his leaving the partnership. Dispute as to what constitutes physical location of new practice, as well as allegations of solicitation of clients Claim for conspiracy and illegal team move against partner moving to a new practice which was subsequently joined by a number of former employees Dispute between former partners of a surveying practice following dissolution. Challenge on dissolution accounts as well as previous financial statements Claim by firm of estate agents for fees and unpaid commission on sale of premises Action for breach of restrictive covenant by firm of accountants against seller of a practice acquired by them Claim by architects for unpaid fees relating to College of Further Education Claim by employed solicitor against employer firm for unpaid bonus Dispute between partners in solicitors practice Claim for unpaid fees by panel solicitors 4
Public Sector and NHS Action for recovery of monies paid under a mistake Claim by planning consultants for fees awarded against Council following successful planning appeal Dispute between Council and waste management company relating to standards of performance Claim by dentist for monies due under NHS Dental contract Enforcement action by Planning Authority Claim by Primary Care Trust against dentist for recovery of monies paid Dispute on construction of inflation clause in long term contract for the supply of medical services Mediations under the Post Office mediation scheme Dispute over purported variation to NHS contract Action for recovery of claimed overpayments under NHS contract Dispute between Council and provider of care services for alleged overcharging Dispute on outsourcing contract for provision of services for administration of parking Questions of interpretation of provisions of outsourcing contract with Government Department Property Claim following termination of development contract by SPV Action by property owner against managing agent alleging breach of trust arising out of undisclosed conflict of interest Family dispute relating to ownership of property purchased 30 years previously Dispute between management company and property owner relating to business use of property TOLATA claims Probate disputes relating to ownership of properties Claim by firm of estate agents for fees and unpaid commission on sale of holiday park Negotiation of compensation payments by developer in order to acquire vacant possession of property from protected tenant Dispute between owner of industrial estate and owner of units relating to title to certain parcels of land, with accompanying access rights Personal style Andrew s style is straightforward. He manages a process which enables the parties to negotiate realistically with a view to achieving a position where they can make a decision. By far the majority of Andrew s mediations result in settlement and Andrew manages the mediation with a view to ensuring that clients obtain value even if they decide not to settle. 5
understated, very calm, collected and composed : Chambers Guide 2013 He is sensible and he adopts an understanding approach to the clients and the problems with which they are faced : Chambers Guide 2014 Very constructive. He s not wishy-washy; he s prepared to bring people back to the point when they want to talk about irrelevant stuff : Chambers Guide 2015 user-friendly, patient and empathetic : Chambers Guide 2016 He takes the initiative and explores options that the lawyers and parties won t have thought of : Chambers Guide 2017 ü quickly builds rapport and uses this trust to encourage them to take a commercially realistic approach ü doesn t give up but keeps working hard to achieve a settlement even when one looks unlikely ü calm professional approach ü concentrated minds on the real issues ü brings a positive element to the mediation whilst being realistic about the formation of a potential settlement ü his persistence was a key factor in a deal being done ü enabled dialogue to continue, resulting in a settlement at a time when all options appeared to have been exhausted ü the net effect was that a settlement was achieved in a case which, if I am honest, my counterpart and I did not think would settle. Contact details: Email: akeastgate@btinternet.com Tel: 07795 182841 Website: www.andreweastgate.com Address: 1 Plymouth Road Barnt Green Birmingham B45 8JE June 2017 6